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The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Tag Archives: California Code of Civil Procedure 354.3

The Other Von Saher Shoe Drops: Cassirer v. Kingdom of Spain Dismissed Under Foreign Affairs Preemption

Posted in Foreign Sovereign Immunities, Legislation, Preemption, Restitution, World War II

An emerging new defense to wartime art restitution claims has claimed another case.  Although still confined to one district in California, the trend of dismissing such claims as better suited to resolution through the foreign affairs operations of the federal government simply cannot be ignored; wartime claims already struggling to overcome statutes of limitations could… Continue Reading

Von Saher claim against Norton Simon Museum dismissed as preempted under foreign affairs doctrine.

Posted in Foreign Sovereign Immunities, Restitution, Uncategorized, World War II

Raising another hurdle to restitution claims, the U.S. District Court in Los Angeles against the Norton Simon Museum to the remnants of the famed Jacques Goudstikker collection, on the grounds that her case is preempted by the United States’ foreign affairs doctrine.  In an unusually apologetic decision, the court ruled that regardless of the merits… Continue Reading